Florida District Courts of Appeal, 1993

Merlino v. State

Merlino v. State
Florida District Courts of Appeal · Decided June 16, 1993 · Klein, Polen, Stone
619 So. 2d 512; 1993 Fla. App. LEXIS 6488; 1993 WL 208049 (Southern Reporter, Second Series)

Merlino v. State

Opinion of the Court

PER CURIAM.

Appellant, charged with burglary, was convicted of trespass in a conveyance, a second degree misdemeanor. The record reflects that the conveyance was occupied. However, the jury was instructed only on trespass in a conveyance, and that is what the verdict form specified, with no mention that the vehicle was occupied.

It was error to sentence Appellant on the first degree misdemeanor of trespass in an occupied conveyance, rather than the second degree misdemeanor. Therefore, we reverse the sentence and remand for resen-tencing. In all other respects, the judgment is affirmed.

STONE, POLEN and KLEIN, JJ., concur.

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